EU officials want the European Court of Justice to oversee the rights of EU citizens after we leave the bloc in 2019

Theresa May says Britain must leave the control of the European Court of Justice after we quit – but the EU want it to oversee the rights of the three million EU citizens who will stay in the UK after 2019.

David Davis ruled out the ECJ having their say in the matter during the last set of talks in July.

Ministers are set to outline their thinking on the issue on Wednesday with a fresh paper from the Brexit department, which is thought to include some of his ideas.

And later today a paper is set to be released on what will happen to goods currently on the market when we quit the bloc.

Today Professor Baudenbacher, who is the President of the court of the European Free Trade Association, said his proposals could form a middle ground, if the EU agreed to it.

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EU are in 'outer space' if they expect European courts to oversee Britain after Brexit, top lawyer argues

EU officials are “in outer space” if they think Britain will continue to be governed by European courts after Brexit, a top lawyer has said.

Martin Howe QC, who is a specialist in EU law, says there is no other situation where the EU will insist on such rules for other countries.

He claimed the European Commission were making the issue “complicated” by demanding that the European Court of Justice oversee the rights of three million EU citizens after we leave the bloc.

Mr Howe told Radio 4 this morning: “In its current position paper it’s asking for direct jurisdiction over our courts.

“It seems they are in outer space on that. It’s completely out of practise.

“There’s no reason why we should give any jurisdiction to the European Court of Justice.”

He has already been in talks with the Brexit Secretary, David Davis, and is due to return for morediscussions next month, The Times reported.

The Swiss judge said there was a need to accept a court if the UK was to seek a deal with the EU.

But the EFTA court predates the EU, and was founded by a handful of countries in 1960.

Its court oversees access to the Single Market for non-EU members like Iceland and Norway, who are a part of the European Economic Community (EEA).

Professor Baudenbacher said Britain could “make use” of the court to oversee a deal.

He went on: “If the UK did not wish to remain part of the EEA, but rather sought to be connected with the EU only in certain sectors such as through what Theresa May has called a ‘deep and special partnership’, that agreement could possibly be ‘docked’ to the Efta court.”